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<br />: ~- <br /> <br />'. <br /> <br />. <br /> <br />.. <br /> <br />90CW302 <br />Water Div. 5 <br /> <br />Timely and adequate notice of this proceeding has been given in the manner <br />required by law. The Court has jurisdiction over the subject matter of this <br />proceeding and over all who have standing to appear as parties, whether they <br />have appeared or not. <br /> <br />b. Statements of Opposition: A Statement of Opposition was filed by the <br />Middle Park Water Conservancy District; by the City of Englewood; and by <br />the City and County of Denver, acting by and through its Board of Water <br />Commissioners. On February 15, 1996 Winter Park Recreational <br />Association ("WPRA") filed a nlotion to intervene in this matter which was <br />granted by the Court. No other Statements of Opposition have been filed <br />and the time for filing such statements has now expired. <br /> <br />c. Summary of Consultation: On April 19, 1991, the Division Engineer for <br />Water Division No.5 submitted a Summary of Consultation stating that the <br />Application appears to be adequate and recommending that the Application <br />should be issued by the Referee as a ruling. The Referee has given this <br />recommendation due .consideration. <br /> <br />d. Resolution of Statements of Opposition: All parties filing Statements of <br />Opposition have either reached Stipulations with CWCB, withdrawn their <br />Statement of Opposition, or otherwise approved the terms contained herein. <br /> <br />e. Protest to Referee's Ruling: The Referee entered a Ruling in this case on <br />April 2, 1999. The City and County of Denver acting by and through its <br />Board of Water Commissioners filed a timely protest to this matter. The <br />City and County of Denver acting by and through its Board of Water <br />Commissioners has entered into a stipulation with the CWCB and approved <br />the terms contained herein. <br /> <br />3. Requested Water Right: The CWCB appropriated the Instream Flow more <br />fully described as follows: <br /> <br />a. Source: The source of the water is the Fraser River. <br /> <br />b. Location: <br /> <br />Legal description of the stream segment through which an instream flow is <br />claimed: The natural stream chal1Ilel from the confluence with Jim Creek at <br />latitude 39052'47" North and longitude 105045'20" West as the upstream <br />terminus and extending to the corilluence with Vasquez Creek in SW/4 SE/4 <br />S28 TIS R75W 6PM as the downstream terminus, being a distance of <br />approximately 3.8 miles. This segment can be located on the Fraser <br />